Legal Question in Wills and Trusts in Virginia

When is probat erequired in VA

Is probate required when a spouse dies with a VA will and everything is left to the spouse. Souse is either co-owner of all bank accounts and property or is the beneficiary of life insurance, pensions and 401k accounts.


Asked on 2/16/08, 9:06 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: When is probat erequired in VA

If all of the property, both real and personal which would normally be subject to probate, was jointly held by the wife with her deceased husband(or vice versa) with right of surivorship and the surviving spouse is also designated as the beneficiary of life insurance or the other referenced fund accounts belonging to the deceased which normally pass outside of the probate process anyway, then there should be no need for a probate of the will.

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Answered on 2/16/08, 10:55 pm


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